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Florida District Courts of Appeal, 1989

Copeland v. State

Copeland v. State
Florida District Courts of Appeal · Decided May 24, 1989 · Glickstein, Gunther, Robinson, Steven
543 So. 2d 450; 14 Fla. L. Weekly 1277; 1989 Fla. App. LEXIS 2884; 1989 WL 53356 (Southern Reporter, Second Series)

Copeland v. State

Opinion of the Court

PER CURIAM.

The appellant was convicted by a jury for possession of cocaine. In our view, the state failed to present sufficient, independent proof to establish that the defendant was in constructive possession of the cocaine. See Hively v. State, 336 So.2d 127 *451(Fla. 4th DCA 1976). Therefore, the trial court erred in denying the appellant’s motion for a judgment of acquittal.

Accordingly, we reverse the appellant’s conviction and sentence and remand with instructions to discharge the appellant.

REVERSED AND REMANDED WITH INSTRUCTIONS.

GLICKSTEIN, GUNTHER, JJ., and ROBINSON, STEVEN D., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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